DOYLE v. ERIE COUNTY WATER AUTH.


113 A.D.2d 1016 (1985)

Jean M. Doyle et al., Respondents, v. Erie County Water Authority et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 27, 1985


Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.

Memorandum:

Defendants' motion for summary judgment dismissing the complaint should have been granted on the grounds that plaintiff Jean Marie Doyle failed to meet the serious injury threshold of Insurance Law § 5102 (d) (formerly § 671 [4]). To substantiate their allegations that Jean Marie Doyle did not sustain a "serious injury," defendants submitted...

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